print abortion. birth and infanticide
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ABORTION BIRTH and
INFANTICIDE
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Concepts of Abortion:
• Expulsion of thecontents of a graviduterus anytimebefore full term
• Forcible expulsion of the products of conception beforethe age of viability
AGE OF VIABILITY:
fetus is potentially able to live outside the mother’s
womb albeit with respiratory aid
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Legal Concept of Abortion:
… willful killing of the fetus in the uterus, or violent expulsion of the fetus from the maternal womb which results in the
death of the fetus.
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clinical types of abortion:
missed abortion – ovum is destroyed byhemorrhage into the choriospace
threatened abortion–
hemorrhage withoutdilatation of the cervical os
inevitable abortion – hemorrhage withdilatation of the internal os and
presence of rhythmical pain
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CAUSES of ABORTION abnormality of
the uterus
fetal death
emotional
instability
abortifacient
drugs
hormonal
deficiency trauma
hyperpyrexic
diseases
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complete abortion
◦ The whole product
of conception isexpelled
incomplete
abortion
◦ Not all products of
conception are
expelled from the
uterus
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The crime of abortion under the
REVISED PENAL CODE
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Art. 256: INTENTIONAL ABORTION
Elements:
◦ Woman is pregnant
◦ That violence was applied, or drug was administered
◦ That the fetus dies or is expelled
◦ That the offender has the intention
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Art. 257: UNINTENTIONAL ABORTION
Elements:
◦ Woman is pregnant
◦ Violence was appliedon her without the
intention of aborting
her
◦ Abortion resulted
from the violence
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Art. 258: ABORTION PRACTICED BY THE WOMANHERSELF OR BY HER PARENTS
Elements:
◦ the woman ispregnant
◦ abortion is intended
to be committed
as induced by:
◦
the woman herself◦ other persons with
consent of the woman
◦ parents of the woman
for the purpose of
concealing dishonor
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Art. 259: ABORTION PRACTICED BY A
PHYSICIAN OR MIDWIFE AND
DISPENSING OF ABORTIVES
• The woman is pregnant
• The physician induced or
assisted in causing the
abortion with the use of
scientific knowledge
•
There was intent
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Kinds of Abortion
spontaneous
induced
◦ Therapeutic
◦ Criminal
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Grounds for THERAPEUTIC ABORTION
cardiovascular conditIons
renal conditions
advanced koch’s
blood conditions and severe anemia
gynecological conditions
diabetes, exopthalmic goiter
hereditary insanity
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LEGAL JUSTIFICATION to THERAPEUTIC
ABORTION
ART. 11, No. 4, RPC
◦ Any person who, in order to avoid an evil or injury,does an act which causes damage to another, providedthat the ff. requisites are present:
◦ That the evil sought to be avoided actually exists
◦
The injury feared be greater than that done to avoid it
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Safeguards in performing THERAPEUTIC ABORTION
Licensed Physician
Performed to save the life
of the mother
Must be performed
openly in a hospital
setting
Secure the opinions of
other physicians
Enlightened or
Expressed Consent
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Why Do Women Procure Abortion
1. To preserve life and health
2. To terminate prematurely illegitimatepregnancy in order to conceal
dishonor
3. Financial difficulty
4. To preserve body form
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HOW ABORTION IS INDUCED
GENERAL VIOLENCE
Severe pressure onthe abdomen
Violent exercises
Cupping
Leeches
LOCAL VIOLENCE
Warm and cold douche
Injection of fluid into the
uterine cavity
Luminaria or tangle tent
Insertion of soft rubber
Instrumentation
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Why is it difficult to prosecute Physicians ?
1. The crime is performed clandestinely
2. The physician may have several medicalreasons to justify the procedure
3. The corpus delicti is easily discarded
4. The woman herself is in connivance with thephysician
5. Lukewarm attitude of the medical society to
assist the state
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Justification of ABORTION LAWS
Life begins from the momentof conception…
In a predominantly Catholic
society, abortion is consideredsinful, illicit and contrary tothe tenets.
God created man and He
alone can destroy it!
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LIBERALITY OF ABORTION LAWS
• The rich can afford a clandestine, illegal but safeabortion as against the poor performing it underhigh-risk situations
• Statistics show that children born resulting fromthwarted abortion end up mentally and physicallyimpaired
• It violates a woman’s right of privacy
• Predictability of fetal status
• The abortion trend is in consonance with solvingover-population
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BIRTH
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LEGAL SIGNIFICANCE OF BIRTH:
• Art. 40, NCC – Birth determines
personality; but theconceived child shall be
considered born for allpurposes that are favorable to it, provided it be bornlater with the conditionsspecified in the ff. article.
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Art. 41, NCCFor civil purposes, the fetusis considered born if it isalive at the time it iscompletely delivered fromthe mother’s womb.However, if the fetus had anintra-uterine life of lessthan 7 months, it is notdeemed born if it dies within24 hrs. after its delivery.
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Art. 760, NCC
Every donation inter vivos
made by a person having nochildren… may be revokedor reduced… if the donor,after the donation, haschildren, even though theybe posthumous.
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Concepts of BIRTH:
MEDICINE:The entire delivery of
a child with or without its
separation from the body
of the mother
It is not necessary thatthe cord should have
been cut or the placenta
expelled
The cessation of
the symbiotic
relation betweenmother and fetus
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STILL BIRTH
When the child hasnot breathed or hasnot shown any signsof life after being
completely born
• CAUSES:
– Immaturity
–
Congenital diseases – Debilitating
diseases
– Disease of thegenerative organ
– Accidents in Delivery – Violence
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LIVE BIRTH• PROOFS of LIFE:
– Heart activity – Movement and crying – Respiration
• chest arching• fall of the level of the
diaphragm• lung expansion:- overlapping heart
and thymus gland- voluminous and
mottled
-crepitations with frothMarble look
In LAW, the presumption
is every newborn child
found dead was born
dead.
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HYDROSTATIC TEST
• FODERE’S test
• STATIC test Introduction of air into
the lungs will lower the
specific gravity
• En-Bulk immersion
• Piece-Meal immersion
• Query: What aboutputrefaction?
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When is HYDROSTATIC TEST not necessary?
Intra-uterine life of less than 180 days
Monster fetus
Separated umbilical cord
Cicatrized umbilicus
Coagulated milk in the stomach
Intrauterine fetal maceration
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EXPANDED
Smaller volume Sharply-projected edges
beyond thymus and heart Uniform dark color or purplish
gray
Solid feel On section, very little blood
exudes 450-650 gms. Hydrostatic test (-)
Micro: collapsed air sacs
UNEXPANDED
• Greater volume• Edges rounded and covers
the thymus and heart• Bright vermilion and mottled
lungs• Spongy and crepitant• Blood-stained frothy serum
exudes on squeezing• 900 – 1,000 gms.• Hydrostatic test (+)•
Micro: expanded air sacs
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Other TESTS:
• On still-born: stomachonly contains mucous
• After respiration: mucous,
air bubbles and saliva
STOMACH-BOWELTEST
FLOATATION TEST
BRESLAU’S SECONDLIFE test
WREDIN’S TEST: middle ear is
filled with gelatinous,
embryonic connective tissue
• Skin – bright red in
color
• Vital reactions in
marks of violence
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Signs of maturity of the child AT BIRTH:
• Length = 50 cm.; Weight = 3 kg.
• Lanugo absent; body plump
• Vernix caseosa; no facial wrinkles• Hair about 2 in. long
• Fingernails project, toenails no
• Testicular descent on one or both
• Vulva closed by labia
• Lower end of femur shows ossification byabout 0.6 cm.
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NEONATICIDE
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Art. 255, RPC : INFANTICIDE
the killing of a child less than 3 days old
Penalty imposed:
◦ Parricide (Art. 246)
◦
Murder (Art. 248)
• Lesser penalty if committed by themother to conceal
her dishonor• Or by the maternal
grandparents, or either
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Motives for committing INFANTICIDE:
To conceal family dishonor
Financial constraints
Ineffective family planning
Congenital abnormality
Parental mental abnormality
Belief of Karma
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How the crime of INFANTICIDE is committed:
Omission or Neglect
◦ Failure to ligate the
umbilical cord
◦ … to protect the child from
heat or cold
◦ … to secure medical or
paramedical help
◦ … to feed
◦ Accidental suffocation
Commission
◦ Inflicting physical
injuries
◦ Deliberate exposure to
heat or cold
◦ Drowning, suffocation or
strangulation
◦ Poisoning
◦ Burning